TAFSİR LESSONS AN-NISA (001-014) (29)

26May

“EuzuBillahiminesheytanirracim

BismillahirRahmanirRahiym”

Dear friends, today we start our lesson with a new chapter. Fourth chapter of Qur’an; An-Nisa.

Nisa means women. In this chapter many verdicts come as a reform for women rights from the beginning to the end, hence the name. Of course at the time of arrival for this chapter and its verses, all these verses and their conclusions on women rights were like total revolution.

Also this verse has a concept connection with previous verse, the chapter of Alu Imran. As you may remember Alu Imran chapter had sent down in and for the battle of Uhud’s most heated moments mostly. This chapters some verses however had sent down at the fourth year of Hejira.

The fourth year of Hejira; this means… A battle was over. both the victorious and the defeated parties had suffered many casualties. Naturally some problems had surfaced after a war like that. Natural problems of wars. For example war orphans. Also possessions and belongings left behind by war martyrs.

So at the beginning of this chapter, many verses are about the verdicts of inheritance; what should happen to the orphans left behind also the possessions that are left behind.

Again in this verse the concept of moral behaviours and relations between two opposite sexes. After that some features of hypocrites are pointed out and relations between believers-unbelievers and believers-hypocrites are taken into consideration.

There are some warnings to societies as well, especially to muslims about the sons of Israel and how they became jewminded. The course of previous chapters continues in this chapter too in that sense.

Chapter ends with Islamic inheritance rules and references to the first section of this chapter and closes with verses about it.

O mankind, protect yourselves from your Rabb, who created you from a single self (there is only a single concept of ‘self’ inherent in the totality of all the brains. Depending on the different expressions of the brain this single self varies in attributes and becomes multiple ‘selves,’ i.e. constructed identities. The original self, however, remains as one, the primary I) and from it, its spouse (the bodily self) and produced from them many men and women and spread them (throughout the earth)! Protect yourselves from Allah (the Names comprising one’s essential reality), in whose favor and in the favor of the Rahim (the reality of man formed by the dimension of Names) you ask of one another. For, Allah, with His Names, keeps you under His control (the Raqib) at all times. (A.Hulusi)

O mankind! fear your Guardian Lord, Who created you from a single person, created out of it his mate, and from them twain scattered (like seeds) countless men and women;- fear Allah, through Whom ye demand your mutual (rights), and (be heedful) the wombs (that bore you): for Allah ever watches over you. (A.Yusuf Ali)

Ya eyyuhen Nas O mankind, utteku Rabbekumulleziy halekakum min nefsin vahidetin ve haleka minha zevceha ve besse minhuma ricalen kesiyran ve nisaen protect yourselves from your Rabb, who created you from a single self and from it, its spouse and produced from them many men and women and spread them.

Such an entrance is necessary for a topic like this one. Remember, this chapter contains some rules about women rights. Also right now it is about to open a topic about widowed women. This entrance reminds us how should we handle a situation women related and on what grounds should our minds settle. This ground is humanity. So if you argue a topic women related, first you must handle the situation on humanity grounds.

In this sense, Qur’an makes a mental revolution. Because in the era of arrival for Qur’an, in every peoples minds women were second, third even fifth grade objects. Qur’an shatters this image and creates a brand new perspective on women problems, especially widowed women and orphan girls. Ya eyyuhen Nas o mankind. And now we are reminded.

This addressing is neither for men nor woman alone. O mankind. This addressing includes all of humanity. If there is a women related problem somewhere, there is a human related problem there. That’s why trying to solve a women related problem without having a perspective of looking at it as a mankinds problem is just condemning that problem to unsolvable.

So this verse has implications on this fact and addresses to entire humanity. Such a problem should not be handled from a certain religion, certan group and enviroment perspective, it should be handled as a humanity problem since it really is.

These verses handling the problems about women foresee that we should gather under the common ground of humanity. Some translators might have other translations after this point. uttekuRabbekumulleziy halekakum min nefsin vahidetin protect yourselves from your Rabb, who created you from a single self. Many translators create a meaning from this sentence and the following ones, a theory from Tora, Talmut. Talmut is a translation of Tora, there are some teachings gathered about the genesis of humanity. So some Qur’an translators might have false implications about the real message and its content. But the real message is quite different. As in the unity on humanities origin is about the equality for humanities creation, how Allah has created humanity from a single root, self.

The min nefsin vahidetin expression here is considered as Adam by some translation scholars. ve haleka minha zevceha and from it, it’s spouse expression is considered as Eve, naturally.

That’s one opinion, of course. But this comment is mostly based on the genesis theories of Talmut of Tora. But Rashid Riza, has made a different opinion in his tafsiri el menar. Also scholar Muhammad Abduh has a different perspective for this verse too, telling us this.

Based on that concept, there is not a single individual here that is addresses. The common source mentioned here is humanity. So the truth here is about the sources singularity. In order to handle a situation human related, one should sets his mind to a human level and tries to solve it under this mentality. This is the message here.

vettekullahelleziy tesaelune Bihi vel ehramProtect yourselves from Allah in whose favor and in the favor of the Rahim ask of one another.

vettekullahelleziy tesaelune Bihi expression here is about asking favor from each others for yourselves. This expression shows that the people of that area was using the name of Allah when they were demanding something from someone, which the message here is similar to this. Don’t fall into doubts, when you demand something from each others and when you think you are treated with unjust, remember that you are human. Remember that you are people of Allah. So you say; “I’m a man of Allah, o people of this area, why then are you treating me with unjust?”

So you are saying that you are a man of Allah and you were oppressed under tyrany, demanding your rights. Why then are you treating those woman and weak with so badly? Why are you pushing those orphans? Again another humanity ground is given the center point here.

Also the expression of vel ehram is interesting too. Ehram is the name of uterus, the fertility organ of women. The plural form of rahim and the word rahim comes from rahmet, the blessing. In this sense, Ehram is the connection of humanity hence my translation. Because the womens uterus is the symbol of this connection. Connection of humaniry. The living representation of blessing and compassion is this rahim. This is not my idea, reminding you; this words belong to Rasulallah. According to a hadith we read in Buhari;

– Inner rahme shecnetun min rahman.

Womens uterus is a branch from Rahman.

There are many callings this interesting result may create in our minds, indeed. There’s a sign in Allah’s choosing the name of Rahman for Himself, using this name both in Besmele, in Fatihah and making us telling this name tens of times everyday; it is almost like a constant reminder of having compassion and treating with this feeling is a quality of a human behaviour. Most essential and indispensable one. That’s why the concept of rahim is reminded us again.

I say the connection of humanity, because it’s not about being related only. Just like Caliph Ali had said;

-Allah people are either equal in humanity or in religion.

If a person is from your own beliefs, he has two rights. Both in faith and in humanity. That’s why we shouldn’t forget our connections, remember them always.

innAllahe kane aleykum Rakiyba; After this reminder on humanities common ground and how should we use it to solve all human related problems, another reminder follows. The source, the power that puts this concept in front of us. We are reminded that this rule is put there by Allah.

Without a doubt Allah always watches over you all the time. As in all the actions both good and bad basing on this humanity ground; every actions injuring a mans pride, honor; they are all being watched by Allah. So Allah will be the one who makes the punishments. Because Allah is the one who blesses us with humanity, Allah is the one giving us this high position of being a human of our own wills. Naturally people who are trying to attack this honor will surely be punished. The watching expression is here for this reason.

Give the orphans their properties; do not exchange purity (of your essential reality) to filth (of the ego). Do not consume their properties by mixing them with your own. Indeed, that is a big crime. (A.Hulusi)

To orphans restore their property (when they reach their age), nor substitute (your) worthless things for (their) good ones; and devour not their substance (by mixing it up) with your own. For this is indeed a great sin. (A.Yusuf Ali)

Ve atul yetama emvalehum After making a reminder for humanities common grounds, another subproblem is brought under the spotlight. In fact the first verse is there for making a mental preparation for this second verse. And now Qur’an makes us to pay attention to this specific problem. A problem of that time, when the wars and their aftermaths created this facts but it’s always around; every nation, every geography, as long as humans exist, this problem has never be finished. The protection of orphans, people and children who have no one to go but have some possession left to them by their previous guardians. Handling this situation about them is a problem of humanity and this is the message.

According to Ibn. Abbas’ tafsir, don’t exchange the worthless or cheap possessions with that orphans worthy and expensive possessions. This was a problem. In that era, daughters and sons of a war martyr, some relatives, uncles, children of uncles, there might be many examples for it, they were opening their doors to these orphaned children, not to protect them but to take over these childrens rightful possessions.

Qur’an handles this delicate problem by reminding us two things. It says, don’t exchange your bad possessions with their good ones, this is by action. And spiritually, don’t exchange your moral principles with unethical behaviours; better yet, don’t exchange your afterlifes eternal happiness for worthless earthly stuff. Don’t exchange Allah’s blessing for earth which is compared to Allah, it’s nothing.

ve la te’kulu emvalehum ila emvalikumDo not consume their properties by mixing them with your own. Don’t eat that. There’s a follow-up for this problem. If a person tries to take possessions of an orphan, naturally this step is the following action in this process. Don’t consume their properties by mixing them with your own.

innehu kane huben kebiyra; The verdict and consequences of an unethical behaviour is set here, because it’s a big crime.

My friends, I won’t tell a story about the reason of arrival for this verse. But as you know it, these verses hadn’t come down without a reason. There was a problem in society, like all socities. This verse doesn’t just stand oblivious to this problem because Allah wants peoples happiness. Allah is in all aspects of life.

Allah implies that happiness of people cannot be possible without Allah, so gives us a blessing. Also for all social problems a person faces in his daily lives, Allah offers some celestial prescriptions. There’s an open line, open message of this prescription and subtexts. If we focus on the reason of these words, we may understand our Rabb and His will much better.

The message here is pretty obvious. Of course following this rule and respecting these rights is the same as rejecting mentioned unjust behaviours. Allah reminds us that all those orphans, unprotected and castouts, their guardian is Allah. And this message is given. “If you try to make an unjust move against them, if you treat them harshly, remember that Allah is always watching, you are been watched. Allah records all your unfair behaviours and action you treated them.

The reason here, my friends is to awake peoples consciences. Preparing the conscience on a humanity level. Because ethical behaviours cannot be created without having a moral code.

In here, our Rabb talks to our most moral, most humane, deepest parts. As in moral principles must be set not by laws, cops or army; but with heart, with conscience. The real target is to create an base ground in humans heart, a humane and ethical ground.

If you do not have fear dealing justly with orphans (women), then marry those that are clean (of duality) two, or three, or four. But if you fear that you may not be just among them, then (suffice) with one or with what you have in your hands. (Do not live together out of wedlock.) This is the most suitable option to avoid injustice. (A.Hulusi)

If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, two or three or four; but if ye fear that ye shall not be able to deal justly (with them), then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice. (A.Yusuf Ali)

Ve in hiftum ella tuksitu fiyl yetama fenkihu ma tabe lekum minen nisai If you fear that you shall not be able to deal justly with the orphans, marry women of your choice.

Actually this verse explains the previous verse. If we don’t connect them however the meaning may fall into different categories and meanings. As in; so the people give shelter to orphan girls with the intention of keeping them safe. But after a while, for their physical beauties or their designated wealth, they try to marry her. In this case, the real purpose of this marriage is not about creating happiness but creating personal gain. We learn this hadith from Aisha (Hz.) According to our mother Aisha;

-People were taking orphan girls from their close relative circle as guardians and then marrying her. But they weren’t treating them as such. They weren’t even paying them their mehr. As in trying to cheapen them like they were in bargain.

Actually the comment of Mother Aisha on this matter finds a defense by the 127th verse of this chapter. There are some other comments on this verse too. But with Katade, Ibn Abbas and many others have different opinions, I believe Mother Aisha’s comment is the most accurate one. And like I said 127th verse backs this opinion too. So we understand that in that era, some people were actually doing this, taking orphan girls as guardian and then marrying them because of their beauties or their wealth. In this case the purpose of this marriage changes from mutual happiness to personal gains.

Qur’an catches them redhanded and declares a verdict about this unethical behaviours and actions.

Ve in hiftum ella tuksitu fiyl yetama If you fear that you shall not be able to deal justly with the orphans,fenkihu ma tabe lekum minen nisai marry women of your choice that are clean

mesna ve sulase ve ruba’a two, or three, or four even. This expression is one of the most argued, most debated verdict of Qur’an today. You can marry two, three even four women. I choose to make a translation from a different aspect however. May the women that are clean for you.

This one is accurate. enkihu ma tabe lekum minen nisai After that mesna ve sulase ve ruba’atwo, or three, or four even.

fein hiftum ella ta’dilu feVahideten ev ma meleket eymanukum But if you fear that you may not be just among them, then suffice with one or with what you have in your hands.

zalike edna ella te’ulu; This is the most suitable option to avoid injustice, oppression. Most normal option in order to prevent from having someones right. Most suitable option.

Yes, my dear friends, the problem we have in our hands is that this expression which is the most basic reference of Islam allows us to marry with multiple partner. Allowing polygamy.

First of all, I should warn you that you must look at this situation, not with modern glasses but from a wider perspective. Because projecting the mentality and options of modern era of 300 years to the eternal values of humanity may give you false assumptions. This is just an incident along the way of humanities long journey. So seeing this incident and saying that all values of humanity are broken down is a huge mistake. That’s why judging the verdicts of Qur’an with modern minds, our corrupted mentality would be a huge mistake.

After reminding this I want to open this verdict of Qur’an with the reason of arrival and try to explain the background of this situation.

First of all, what’s the reason of this message? Is it really increasing the number of partners to four or quite the opposite. We should understand Allah’s will in this. Allah’s will is actually about decreasing the number of wives. As in limitation. Pulling down. We should understand this first.

How can we make this determination. It’s about this. In that era, there were people who have 5,7,9,10 even 15 wives. In fact the majority of community was like that. That’s why Qur’an wanted to limit the number in marriage business. Pulling the number down. And after the arrival of this verse, many believers had indeed divorced their wives. For example the leader of Taif clans had 9 wives. This person had divorced the designated number of wives because of this verse and left only four of them. There were also people with 11 wives, 13, 7 etc. They all had divorced their wives more than four. Those actions show that the verse wasn’t actually increasing the number of marriage but reduced it. This is number one.

Secondly, in order to understand completely what this verse meant to say; we should make a seperation. This verse is a great example for humans potential to change the concept. As in there’s an order coming to humans, a celestial verdict and humans change their lives on that direction.

Qur’an does this with two distinct styles.

1-Limited to the revelations process. People changes the concept, their styles within the process of revelations. The typical example for this style is the restriction of alcohol. Also usury. The concept of usury was settled within the revelations arrival timeline, the 10 years period of Madina era. Last restriction was the previous year of Qur’ans finishing verse, also the year of last hutbe. So the lifestyles can be changed within that time zone.

2-There’s also a second category. The changes can be made not within the arrival period but after it, the subjects which are altered after the Qur’ans arrival timeline. As in the revelations had ended, that process was over. But a lifestyle was going on despite the verdicts. Most typical example is marriage, polygamy and with connections to that, slavery. We can give an example on Qur’ans foresight for this. The foresight of revelations over subject.

As you notice the verses arrived to Meccan community were short and clear since their culture was basd on verbal concepts. First arrived verses of Qur’an are short because of this fact. Also they are rhymed, something memorable. All forms were sent down with poetic norms and naturally they were not easily forgetable. But in the meantime Qur’an did something else. It caused an evolution in that community a change from verbal culture to written culture. A mental evolution. The community grew with Qur’an. Qur’an had taken a crude community with verbal culture and changed them, upgraded them to something more, a community with written culture.

So when you examine the verses arrived in Madina, they weren’t like the ones that arrived in Mecca. These ones are more detailed and for poetry and rhyming less obvious. Why? Because Qur’an updated its style into written culture that days. It educated a society. Took them from somewhere and delivered them to some other level. This is how Qur’an educated communities. Taking them from somewhere low and delivering them to somewhere high.

Qur’an doesn’t do this just for style and culture. It makes as orders too. Like I said, we seperate them into two groups.

1-The lifestyles altered during the arrival of Qur’an. We already gave the examples of alcohol and usury on this one.

2-The concepts, situations and lifestyles that weren’t altered back in the days of Qur’ans arrival. The concepts that were still living. I also gave you the examples of marriage situations. Polygamy and slavery. So naturally women rights fall into this category. Women rights in general.

About the slavery problem; Qur’an hadn’t banned slavery while the verses was still coming. But it contains such verdicts that slavery endured 3 to 5 centuries then completely wiped out. Because the orders of Qur’an hadn’t created a social illness in order to erase slavery. There was nothing like America’s process.

In America, when the slavery was finished, the emancipation law was created, slaves had celebrated it for three days. Then the fourth day, they came to their old masters doors and begged. “Please, take us back, we are hungry.”This is a social scar. Because you cannot wipe clean a social class in three or five days. This form of transformation must be dealt with over long periods of time.

That’s why our Rabb, the owner of real knowledge, forsees this fact. And as a result Allah hadn’t restricted people to monogamy from polygamy in an instant. Because it was impossible to do in a society like that. One of the reason is, in that society, marriages hadn’t been done just for sexual needs. There were many casualties in battles, many men were slained. And of course this unbalanced nature of this society put women in a very hard position.

According to long observations, the perfect balance of gender population is 51-49. As in %51 men, %49 women. If there weren’t a direct interference of nature or mankind, this balance never be broken. So think now that the gender population is %30 men and %70 percent women in a society. In that case, what is the best and only way to stop prostitution, social corruption and dissolution? What is the natural way, what should be done? Of course this is only one of the reasons.

Even in Germany after World War, the population of men was seriously low, there are some incentives from governments to people for polygamy. This is a social reality.

I remember reading a letter after the World War I, a letter to Sultan Reshad. From one of the towns in Anatolia. One of the town elder was the one who wrote it. He was saying; “My Sultan, there were no other man in our town beside me.” Yes, in a situation like this, Qur’an surely develop solutions to this problem. Because Allah knows His creations. Ela ya’lemu men haleka (Mulk/14) Doesn’t Allah knows His creations?

That’s why when taking this situation at hand, one shouldn’t look at it with just modern lifestyle goggles. Some social problems should be dealt with not only from social aspects but personal aspects as well.

Personal issues, that may be possible too. For example a mans sexual desires may be too high, even clinical. Or his wife may be infertile, she cannot give birth. There might be some other problems as well and these can all be counted as personal issues.

We all know how modern men and women who share the vision of rejecting Allah’s will and the flexibility in Islam about the polygamy and yet they all have contrabution of dissolving the socities core by dating with 40 mistresses or defend the people who live that so called modern and unethical life.

In fact they should be the first people who should defend this flexibility Qur’an brought to solve those social and personal problems, let alone talk back to that order. That’s why we shouldn’t understand the verse from backwards as in Qur’an doesn’t order you to have four wife. No one should take this sentence alone from the enitre verse. No, on the contrary, this should be the message, Qur’ans advice.

fein hiftum ella ta’dilu If you have fear that you will treat them unjustly, feVahideten then one should be enough for you.

This is Qur’ans advice. In fact at the end of the verse, Qur’an knows that we won’t be able to treat them justly, Allah knows this. This expression is to solve that issue, as in the answer to the question of “If we cannot treat them justly, then what should we do?” Naturally the number advised here is the minimum. This is the Qur’an’s advice as a whole. Like I said, Qur’an said its words and let time solve the problem throughout the centuries. And today that ideals are almost completely has come to life. Now the polygamy is only possible in only a few countries and only with personal or social reasons. I believe this was the Qur’ans intention all along.

ev ma meleket eymanukum There’s also this expression we should translate. Or with what you have in your hands. This expression is relevant to previous ones. The ones you already have in your hands, literally. This is an alternate restriction in order to eliminate the slavery from socities. Because if a man decides to marry his concubine or slave, that woman instantly gains the status of a free woman. The child born from that woman is also becomes libarated. This is a celestial intervention to deminish and ultimately finish the slavery from socities.

zalike edna ella te’ulu; Walking this straight line is more suitable for you.

We may take this edna as the minimum number possible. As in this number “one” representing a single marriage, also comes from the word ella and its derivitive te’ulu also comes to a meaning of poverty and poor lifestyle. We may understand from all this, in order to avoid poverty and a poor lifestyle this minimum number is the ideal one.

For example the leader of Taif; Gaylan had 10 wives. After the arrival of this verse he had to let go some and keep only 4 of them. Rasulallah was sending private messages to those who didn’t. Even that one caused serious social problems. Because what would happen to those hundreds of women who were divorced. Now imagine what would be the situation if Qur’an limited the number to one instantly. Then the orders of Qur’an hadn’t been seen as a blessing but a curse.

From this point of view we can understand Allah’s will and reason better.

This is a message for todays men. In fact every believer in every era. When you are giving dovry to your wives, when you presenting them their wedding gifts, do this willingly, wholeheartly.

fein tibne lekum an shey’in minhu nefsen fekuluhu heniy’en meriy’a; but if they, of their own good pleasure, remit any part of it to you, take it and enjoy it with right good cheer. If your ex-wives want to give you their dovry willingly, then there’s no sin having it back.

Do not give or entrust your possessions that Allah gave to your management to the dissolute (limited in understanding, the unthinking). But provide for them from it, clothe them and give them beneficial advice. (A.Hulusi)

To those weak of understanding give not your property which Allah has assigned to you to manage, but feed and clothe them therewith, and speak to them words of kindness and justice. (A.Yusuf Ali)

Ve la tu’tus sufehae emvalekumulletiy cealellahu lekum kiyamen Do not give or entrust your possessions that Allah gave to your management. Not given to you, entrusted to you. Here, sefih means person who has weak judgement. The sefih here isn’t used as an insult though. It’s just an observation. As in a child who hasn’t come to an age of self awareness, who has a mild judgement and weak calls. So if a person isn’t capable of managing the possessions he inherited, if that child hasn’t come to an age to understand the concepts of gains and losses and if those possessions are given to you as precaution, as guarantee, don’t leave them to their rightful owners right away.

This is an important warning too. Because some of the people who are among the first readers of these verses, they were trying to kick those orphans out, keeping them away from themselves because of their fear of offending Allah. As in they hadn’t touched anything related to that orphans. Here Qur’an calls everyone to reason. Saying that you shouldn’t throw away your logics. When you listen to Allah’s orders, these celestial verdicts, you should always remember that Allah’s will is the best for all of creation.

If you cast them aside, if you decide to leave them with their possessions, if you leave those orphan children with their rightful but unmanagable possession, would you do them a favor or evil. Qur’an asks this question and answers “Don’t do like this.”

verzukuhum fiyha veksuhum ve kulu lehum kavlen ma’rufa; But provide for them from it, clothe them and give them beneficial advice.

Another important point. As in treat them as humane as possible. These kids with inheritance, these kids fiven to your protection, your guardianship. These kids who haven’t reaches to an age of understanding the bigger concepts, don’t just act unjustly to them, also don’t talk bad to them. Don’t hurt them physically and emotionally.

Age 15 is known as able to be ones self guardian usually. Abu Haniph took this age as 18 and accepted that one should wait until 18 to be counted as an adult. But if a person hasn’t come to his senses in this age, then you should hold on to their possessions until he has, even if that age will be 25. If in this age he gains his self awareness and power to manage his possessions on his own, then you give them all. But it is mandatory to keep a person from his possessions until he does, no matter how old he is. You shouldn’t leave a person that is unable to manage his possessions on his own. Whether for naivitee, mental problems or pyschological problems. It is counted as evil if you leave a person like that with all his possession in his hands. One guardian should always be watching over people like this.

Look out for and test the orphans until they reach a marriageable age. If you see that they are mature enough, then give their properties back to them. Do not hasten to consume their property by wasteful spending in fear that they will grow up and take ownership. Let the wealthy one be modest (and refrain from consuming the properties of orphans) and the needy one take only as much is customary (without exceeding the boundary). And let there be witnesses (for the evaluation of your actions) when you return their properties back to them. Sufficient for you is the quality of the Name Hasib from the Names of Allah that comprise your essence. (A.Hulusi)

Make trial of orphans until they reach the age of marriage; if then ye find sound judgment in them, release their property to them; but consume it not wastefully, nor in haste against their growing up. If the guardian is well-off, let him claim no remuneration, but if he is poor, let him have for himself what is just and reasonable. When ye release their property to them, take witnesses in their presence: But all-sufficient is Allah in taking account. (A.Yusuf Ali)

Vebtelul yetama hatta iza belegun nikah* Look out for and test the orphans until they reach a marriageable age. fein anestum minhum rushden If you see that they are mature enough fedfe’u ileyhim emvalehum then give their properties back to them.

This part is clear, there’s no need for further explanation. If you see that those orphans are mature enough to handle their own properties, give their belongings back to them. Don’t make up excuses that they haven’t reached to a mentally mature stage. If they reach an average level of mastering over their own possessions, if they reach a mature mental stage, leave their things to them.

ve la te’kuluha israfen ve bidaren en yekberu* Do not hasten to consume their property by wasteful spending in fear that they will grow up and take ownership. ve men kane ganiyyen felyesta’fif* Let the wealthy one be modest and refrain from consuming the properties of orphans. What a lovely expression.

ve men kane fakiyren felye’kul Bil ma’rufbut if he is poor, let him have for himself what is just and reasonable. As you can see, them orders of our Rabb, are both fair, just, balanced and look out for both sides. Think about this. An orphan has his own field but he has no power to use that field since he’s just a child. He is inherited with that field though, from his father or mother. Now, would it be considered as a good think if you choose to leave that field on its own because you fear that you might eat that orphans rights. Or should you use that field and you save both yourself and the orphans. You should even help them to save money from that field. Qur’an asks us to do the right thing here.

feiza defa’tum ileyhim emvalehum When you release their property to them, feeshhidu aleyhim take witnesses in their presence. This is important too. You might be slandered afterwards. You should make that transaction with witnesses. There might be even close relatives, it doesn’t matter. In order to be the guardian of an orphan there might be blood relations between you and them naturally. But that doesn’t matter. Whatever ou do, you should do it in front of witnesses. Make it documented. This order is also one of the checkpoints in trading laws. As we can all see, many of the money issues are related to undocumented claims.

People become partners, they take and they get but they don’t get things documented. When you ask them they give you this reason. “We trust one another, we are close, we are relatives.” Before you know it, one side might do wrong to the other. So Allah’s advice is this. Make things documented.

feeshhidu aleyhim take witnesses in their presence. ve kefa Billahi Hasiyba; But all-sufficient is Allah in taking account.

[Additional Info: In things related to their marriage, you should take opinions of women personally. If the woman is a widow, she will express her wishes, if it’s a single girl, her approval is her silence. (She can express her disapproval if she wishes)(Ramuz-ul ehadis-20)]

There is a share for men of what parents and relatives leave behind (with death). There is also a share for women of what parents and relatives leave behind, be it little or much, this is a share decreed by Allah. (A.Hulusi)

From what is left by parents and those nearest related there is a share for men and a share for women, whether the property be small or large,-a determinate share. (A.Yusuf Ali)

LirRicali nasiybun mimma terekel validani vel akrabune Qur’an takes the word from one problem to another. The marriage issues related to orphans as well as the possessions of orphans to another social problem also related to laws of war, the heritage issues related to wars. Qur’an says here;

LirRicali nasiybun mimma terekel validani vel akrabune From what is left by father, mother, parents and those nearest related there is a share for men already. This already word is at the throne of the verse. As in before the arrival of this verse, men have already shares from those possessions. This verse however creates a big revolution in the society it arrived at. We should look at the societies lifestyle in order to understand what a great revolution this verse brought. But first, I should finish the translation.

ve linnisai nasiybun mimma terekel validani vel akrabune mimma kalle minhu ev kesur There is also a share for women of what parents and relatives leave behind. This expression is the center of this revolution. Think about this for a second. Until that that none of the women was taking anything from any heritage. Until that day, all belongings and possessions of a family were getting passed to the men of family. A society using this unwritten rule for many centuries and just like that, this celestial order was arrived saying;

“From this day, women shall have shares from inheritance.”

Can you grasp the concept what a big social bomb this was? Indeed a big social transformation. People of Madina who were having a hard time understanding this social revolution had come together.

“What, now we should already have left inheritance to children who have no idea what that is, we should leave half of the things to women now?”

According to the records of Taberi, they even came to Rasulallah ans asked;

“O Rasulallah, should we give half of the inheritance to girls too, both child and woman, right?

They were saying this because they were having a hard time understanding. Should women have shares from inheritance? Even little girls have the right to take anything? OF course this questions weren’t in a form of denial or objection, basically it was a matter of confusion. Because there weren’t anything remotely related to this. They were even giving excuses like this.

“Now should we give things to the girls? But Rasulallah girls cannot ride a horse, she cannot go to war, they aren’t the ones who died in battle. That’s why girls should have no rights over the loot. Because not the women but the men die in battle, we lay our lives so how should we give this hard earned wealth to women who have done nothing?”

This is the logic. If you look from inside it has some consistancy. If you look from this angle alone, you cannot grasp the concept and realize what a wonderful revolution this is.

nasiyben mefruda;this is a share decreed by Allah.

Qur’an ends this confusion with this celestial words, nasiyben mefruda; expression. This is a share decreed by Allah. As in it is not up to you to decide. What is it then? Not the decision of ratio. It’s all about giving a share to women from any loot and inheritance. This is the principle. The principle of giving women a share from any inheritance.

This is important, one of the basics. It’s just like that revolution Qur’an just made, the limitation of marriage or taking down the slavery by regulating the marriage.

This chapter is based on women rights, hence the name of the chapter is “women.” Qur’an seperates this chapter to only women and the verdicts are all about women rights. The verdicts that are far beyond the norms of the era which are arrived at. Remember until the last century women also had no right over any inheritance in western civilizations. Inheritance aside, they couldn’t even have the right to own a property. The rights of acquiring any property for women were started at 18. century. Some countries hadn’t even have that kind of right until the last century. That’s why we should be able to understand the impacts of Qur’an and how great the change was in that time.

At the times of ignorance, the sole heir of any inheritance were male relatives. That’s why we may call this a women rights revolution.

There’s also a reason of arrival for this verse. One of the sons of an uncle was trying to usurp a martyrs belongings. A martyr who had left a widow and three orphans behind. The widow and three orphans came to Rasulallah and complained about this situation.

Also another reason for this verse arrival was this story. Saad bin Rebi was killed in Uhud Battle. He had left a widow, two orphan girls and his wealth behind. But his brother as in the childrens uncles were trying to own those wealth for himself. After that a celestial verse arrived carrying the verdict of this situation, bringing a fair justice. And with this verdict the first movement was begun giving shares to women from inheritance.

And if relatives, orphans and the needy (who aren’t entitled for any share in an inheritance) are present during the distribution, treat them with kindness and provide a small portion for them as well… (A.Hulusi)

But if at the time of division other relatives, or orphans or poor, are present, give them out of the (property), and speak to them words of kindness and justice. (A.Yusuf Ali)

Ve iza hadarel kismete ululkurba vel yetama vel mesakiyn And if relatives, orphans and the needy are present during the distribution, ferzukuhum minhu give them out some ve kulu lehum kavlen ma’rufa; and speak to them words of kindness and justice.

The topic here is about the people who are present at the distribution of inheritance but have no right to demand any share. Based on law, they are not heirs but giving them some portion from inheritance is called an ethic behaviour here. In fact from any inheritance giving to relatives, close individuals, poors, needies, people who have debts, basically a fair share to create a safe and helpful enviroment from this earthly possessions.

Of course there are no portion ratio is mentioned here. Because this ratio must be based on hearts. This portion must be made by checking the level of neediness. Of course this heart based seperation is only for people who are officially left out from inheritance.

Let them be concerned by Allah just as they would feel concern for their dependent children, if they were to leave them behind. Let them fear Allah and boldly speak the truth. (A.Hulusi)

Let those (disposing of an estate) have the same fear in their minds as they would have for their own if they had left a helpless family behind: Let them fear Allah, and speak words of appropriate (comfort). (A.Yusuf Ali)

Velyahshelleziyne lev tereku min halfihim zurriyyeten di’afen hafu aleyhim Now Qur’an explains the reason of this action, the cause underlaying. As in giving anything from any inheritance to poors who have no right to take anything is bth morally healthy and conscience. Let’s check the verse now.

Let them be concerned by Allah just as they would feel concern for their dependent children, if they were to leave them behind. As in; you heirs of this inheritance. One day you may leave your children behind, your children who are in need. Wouldn’t you worry about them too? Now put yourselves in their position. You should take action for other peoples orphan children and needy ones so that one day other people may do the same for your children. After reminding this moral principle;

Indeed, those who consume the properties of the orphans are only filling their bellies with fire! A blazing fire is where they will end up. (A.Hulusi)

Those who unjustly eat up the property of orphans, eat up a Fire into their own bodies: They will soon be enduring a Blazing Fire! (A.Yusuf Ali)

Innelleziyne ye’kulune emvalel yetama zulmen Those who unjustly eat up the property of orphans innema ye’kulune fiy butunihim nara* are only filling their bellies with fire! Yes, people who eat the properties of orphans are the ones filling their bellies with fire alone. ve seyaslevne se’iyra; A blazing fire is where they will end up.

Allah instructs you regarding your children as follows: The share of the male is twice that of the female… But if there are more than two females (children) then leave for them two thirds of (the estate); if (the heir) is a single (female), then half of the estate is hers… If the testator leaves behind children (as well as parents), then for each parent one sixth of the estate should be given. If he has no children and his parents are his only inheritors, (in this case) the mother should be given one third and the father the remaining two thirds of the estate… If he leaves behind siblings, then the mother should be given one sixth of what remains after any bequest he may have made or any debt. You fathers and your sons… You cannot know which of them is more worthy of your estate. (This is why these are) an obligation from Allah… Indeed, Allah is the Aleem, the Hakim. (A.Hulusi)

Allah (thus) directs you as regards your children’s (inheritance): to the male, a portion equal to that of two females: if only daughters, two or more, their share is two-thirds of the inheritance; if only one, her share is a half. For parents, a sixth share of the inheritance to each, if the deceased left children; if no children, and the parents are the (only) heirs, the mother has a third; if the deceased left brothers (or sisters) the mother has a sixth. (The distribution in all cases is) after the payment of legacies and debts. Ye know not whether your parents or your children are nearest to you in benefit. These are settled portions ordained by Allah: and Allah is All-Knowing, All-wise. (A.Yusuf Ali)

Yusiykumullahu fiy evladikum Allah instructs you regarding your children. What is Allah’s will. We should think about this.

lizzekeri mislu hazzil unseyeyn The share of the male is twice that of the female…

One of the hardest concepts which modern minds cannot be able to comprehend. The share of male is twice of females share. Basing from this specific order, modern minds reach this conclusion. “Two women equal to one man.” This is not Qur’an’s says. I explained this above. Qur’an makes a revolution here. It gives a share to women which they had nothing to get before. So in this sense, what is Qur’ans position in all these. Were they equal before but Qur’an downgrade the women or quite the opposite upgrading the status of women.

Or something like this might be thought then? The literal meaning, as in the mans share is two womens shares. Qur’an puts a principle for an inheritance seperation. So is this the top limit which Qur’an puts? The final line? Or is it the minimum reach. This seperation ratio; is it absolute or just as a starting point. Qur’an indicates that women must have a share from any inheritance. That begs the question though? Can it be 1 to 1?

Before answering this question one should answer some other questions.

What are the rights ans responsibilities for men and women in Islam. Remember in the societies that acknowledge Islam, this portions are considered fair. Because in Islam, looking after family, woman and children are all mans responsibilities.

This creates another question. What if the rules are for a society which acknowledges Islam but have different social and economical norms. Should the ratio be the same even then? The answer depends on several variables.

The womens positions and rights in that society. To understand this verse completely, this part should be considered carefully.

1-What was the position of women in that society. Literally zero. Qur’an takes this status higher.

2-What were their social rights. None whatsoever. Qur’an grants them their first social rights.

3-What is the way to inherit a wealth at that time. This is important. All the possessions and belongings were coming from either trading or war loots. Trading system are 99 percent in mens hands as does the 100 of war loots. As you can see all the possible angles regarding money are in mens hands. This is an important factor.

4-The fairness of the verdict came to life at this point. I mentioned above. The verdict is fair to take action. Because men have the utmost position on handling the money. But at the same time all the responsibilities of family were on him. Shelter, sustenance, drinking all the needs of women and children were mens responsibilities back then. In this sense, the verdict that came to life have more than fair.

5-Again is this limit absolute or just the minimum. This is important and must be answered. This half share. If one crosses this line would he cross the Qur’an’s verdict too? This question must be answered.

6-Did this verdict arrive according to an event occured. Like the one in Nisa/32?

Ve la tetemennev ma faddalAllahu Bihi ba’dekum ala ba’d.. Don’t stare, don’t look deeply to the sides that Allah puts one higher to each others. As in some parts of women are superior to men and some parts of men are superior to women. They are both different and have upper sides. Don’t act with jealousy about this. Says Qur’an.

lirRicali nasiybun mimmektesebu ve linnisai nasiybun mimmekteseb there is a share over mens gains. Also there is a share for womens gains. This is the matter of iktisap. Gain. mimmektesebu ve linnisai nasiybun mimmektesebne Yes, a mans gain, profit, income might change. There might be times when womans income might top the mans. So if we count this possibility, should the verdict be changed as well. We should also find the answer to this question.

But more that all these, we shouldn’t overlookd the most basic principle here. This verse has an order that test ones submission to Allah. It’s all about watching the believer men and womens reaction to it and measure their submission to Allah.

fein kunne nisaen fevkasneteyni felehunne sulusa ma tereke But if there are more than two women, the two third of inheritance shall be passed on to them ve in kanet vahideten felehen nisf if there is one woman, she shall take the half.

ve liebeveyhi likulli vahidin minhumessudusu mimma tereke in kane lehu veledun and if the deceased has a child, one of each his parents shall have the one sixth of inhetance. The remaining two third shall be distributed. Right here, I should maket his notice. If mother and father of the deceased are still alive, the brothers and sisters cannot get anything, we may understand this.

fein lem yekun lehu veledun ve verisehu ebevahu feliummihissulus But if the deceased has no children and the mother is the only one remaining, then mother shall have the one third of inheritence. The remaining shall be distributed to other heirs.

fein kane lehu ihvetun If there are brothers and sisters, ihve all of them shall have a share from inheritance. feli ummihissudus in that case mother shall have one sixth.

min ba’di vasiyyetin yusiy Biha ev deyn Of course this can be done after the debts are paid beforehand. As in the will is set, the debts are paid then the distribution shall be done with the remaining possessions.

la tedrune eyyuhum akrabu lekum nef’a You cannot know which one is close to you. So we shouldn’t think this with modern goggles too. With this distribution of Qur’an there is an inconsistancy with the previous practices of the past. Right now Qur’an gives us the reason for this specific distribution. You cannot know which one is best for your interest.

feriydaten minellah That’s why there are the orders from Allah. We can translate like this. The orders coming from Allah. As in Allah knows what’s best for your interest. Allah protects you and your interests better than you.

innAllahe kane Aliymen Hakiyma; Without a doubt Allah knows all things and the owner of wisdom.

(For the men) half of what your wives leave (inheritance) if they have no child is yours; but, if they have a child, one fourth of what remains after any bequest they may have made and debt they may have had… If (the men) have no children, then one fourth of what you leave behind is for your wives, but if you have children then one eighth of what remains after your bequest (according to Hadith narrations by Bukhari and Muslim the bequest should not exceed one third) and debt… But if a man or woman leaves no ascendants or descendants, but has a brother or a sister, for each one is one sixth… If he has more (siblings) then they share one third of what remains after any bequest or debt… This (division) should not be detrimental… This is an ordinance from Allah… Allah is the Aleem, the Halim. (A.Hulusi)

In what your wives leave, your share is a half, if they leave no child; but if they leave a child, ye get a fourth; after payment of legacies and debts. In what ye leave, their share is a fourth, if ye leave no child; but if ye leave a child, they get an eighth; after payment of legacies and debts. If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, but has left a brother or a sister, each one of the two gets a sixth; but if more than two, they share in a third; after payment of legacies and debts; so that no loss is caused (to any one). Thus is it ordained by Allah; and Allah is All- Knowing, Most Forbearing. (A.Yusuf Ali)

Ve lekum nisfu ma tereke ezvacukum in lem yekun lehunne veledun, In what your wives leave, your share is a half, if they leave no child; fein kane lehunne veledun felekumur rubu’u mimma terekne but if they leave a child, you get a fourth; min ba’di vasiyyetin yusiyne Biha ev deyn* after payment of legacies and debts. So like I said the distribution of inheritance can be made after paying all debts.

Will is the right of a persons opinion over his belongings. According to some of Rasulallah’s practices, the quantity should be under one third. Also most of the scholars have indicated that the funeral expenses should be counted under first degree debts and must be taken from that persons wealth. The distribution must come after paying these debts. Some scholars changes the places of will and debts and give debts a higher position out of necessity for social purposes.

ve lehunner rubu’u mimma terektum in lem yekun lekum veledun, In what you leave, their share is a fourth, if ye leave no child fein kane lekum veledun but if you leave a child, felehunnes sumunu mimma terektum min ba’di vasiyyetin tusune Biha ev deyn* they get an eighth; after payment of legacies and debts. ve in kane reculun yuresu kelaleten evimraetun If the man or woman whose inheritance is in question, has left neither ascendants nor descendants, ve lehu ehun ev uhtun but has left a brother or a sister, feli kulli vahidin minhumes sudus each one of the two gets a sixth;

fein kanu eksere min zalike fehüm shurekau fiys sulusi but if more than two, they share in a third; after payment of legacies and debts; According to all scholars these brothers and sisters in this verse all all from mothers side since the order about fathers side sisters and brothers will about to come at the end of the verse.

min ba’di vasiyyetin yusa Biha ev deynafter payment of legacies and debts; gayra mudarr both situation should be dealt with no harm. As in both in the will and in debts there should be no harm done to anyone. The will shouldn’t be over one third.

So how can debts be harmful to heirs? Debts shouldn’t be done out of nowhere just to harm the heirs of inheritance. There might be situation some parties may be angry to or offended from an heir and create dummy debts just to harm him and push him out of the will or distribution. Or there might be some mutual agreement within other groups just to push the distant relatives out of the distribution. Abu Caniph considered this debt irrelevant, as in death debts in that times called it the debts made in death beds just to seperate heirs are not considered as real debts. A debt which no one knows about but comes from nowhere, this is considered harmful.

vasiyyeten minellah These are advices from Allah. vAllahu Aliym’un Haliym; Allah is Aliym and Haliym.

Haliym, Allah’s orders are not harsh or strict. The rules are considered soft and flexible since the name Haliym comes at the end of the verse.

[Additional Info: CALCULATION ERROR?

… Actually the source of this problem emerges becaus the ratios given in these verses are considered “absolute ratios.” As in the two third given to three sisters are considered as “absolute.” Is it really? These seperation ratios are absolute or just the minimum or maximum limits. Also even if we considered them not constant, it’s obvious that we cannot bring forth any evidences within Qur’an.

With this purpose, we should study the 11st and 12nd verses of Nisa. There are some indications at the end of these verses that are crucial in this sense. “feridatem minellah” ve “vesiyyetem minellah”. Just two arabic word couples. But we cannot have the opinions of using these seperations with the exact same rate just by these expressions. There are some translation scholars like A. Yusuf Ali indicated that these ratios are ordered by Allah with this exact ratio. But I don’t see any constant word in any of these expressions. Also M.H. Shakir translated the part “feridatem minellah” only with the words “This is a regulation from Allah.” Also the translations I bring fort hare from Y. Nuri Ozturk’s translation for 11 and 12 verses of Nisa chapter.

Also we have another point for this expressions. These two expressions haven’t come after presenting the ratios In the first verse the expression “You have fathers and you have sons.” comes between. And the second one has the expression of “No one should be harmed.” So in this sense that is the order here? What is the mission Allah wants us to do? Should we considered these ratios absolute and act with this opinion? Or should we include fathers and sons to this equation and let the seperation work with orderly and with fair distribution. I believe the second one. That’s why it’s necessary to undertand the depth of this “order. (continues…)http://www.quran-miracle.info/islamda-miras.htm]

These are boundaries set by Allah. Whoever follows Allah and His Rasul, He will admit them into Paradises underneath which rivers flow. Now, that is a great liberation. (A.Hulusi)

Those are limits set by Allah. those who obey Allah and His Messenger will be admitted to Gardens with rivers flowing beneath, to abide therein (for ever) and that will be the supreme achievement. (A.Yusuf Ali)

Tilke hududullah These are boundaries set by Allah.

ve men yuti’illahe ve RasuleHU yudhilhu cennatin tecriy min tahtihel enharu halidiyne fiyha* those who obey Allah and His Prophet will be admitted to Gardens with rivers flowing beneath, to abide therein forever ve zalikel fevzul Aziym;and that will be the supreme achievement.

And whoever rebels against Allah and His Rasul and transgresses his limits, He will admit them to fire to abide there forever. A degrading suffering he will have. (A.Hulusi)

But those who disobey Allah and His Messenger and transgress His limits will be admitted to a Fire, to abide therein: And they shall have a humiliating punishment. (A.Yusuf Ali)

Ve men ya’sillahe ve RasuleHU ve yeteadde hududeHU yudhilhu naren haliden fiyha* But those who disobey Allah and His Messenger and transgress His limits will be admitted to a Fire, to abide therein: ve lehu azabun muhiyn; And they shall have a humiliating punishment.

Boundries set and drawn by Allah. Person who crosses this treshhold becomes alienated to himself. The most protected boundries should be the ones Allah put in our lives. May Allah puts us among the ones who can protect these boundries and follow the orders of Allah.

“Ve ahiru davana velil hamdulillahi rabbil alemiyn” (Jonah/10) “Praise be to Allah, the Cherisher and Sustainer of the Worlds!” All products of our claims, causes and lives are for Allah and our last word to our Allah is “Hamd”.